MEMORANDUM OF CONSIDERATION

IN THE CASE OF:    

BOARD DATE:          29 December 1999                    
DOCKET NUMBER:  AR1999028158

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Loren G. Harrell		Director	
	Mr. Gerald E. Vandenberg		Analyst	

  The following members, a quorum, were present:

	Mr. George D. Paxson		Chairperson	
	Mr. Curtis L. Greenway		Member	
	Mr. Christopher J. Prosser		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  Reconsideration of his previous application to correct his records by upgrading his discharge. 

APPLICANT STATES:  In effect, that he was to be advanced to pay-grade E-3 upon completion of basic training due to his having a college degree.  He avers that when he asked about the advancement his sergeant tore up the document.  He states that this upset him and when he found out his mother was ill he went AWOL to be with her.  He states that at the time he requested discharge in lieu of court-martial, he was told that he could get the discharge changed at a later time.

NEW EVIDENCE OR INFORMATION:  Incorporated herein by reference are military records which were summarized in a memorandum prepared to reflect the Board's original consideration of his case on 27 May 1998 (COPY ATTACHED).

The applicant submits a copy of his diploma and school transcript, which were not available to the Board during its prior review.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  The fact that the applicant may have been eligible for an advanced pay-grade and was not afforded this promotion has little to do with the reason for his discharge, 82 days of AWOL.  By his own admission he indicates that he went AWOL to be with his sick mother.

2.   The applicant has submitted no evidence to document his guaranteed promotion nor that he sought any advice or assistance to resolve either the promotion problem or his concerns over his mother’s illness prior to going AWOL.

3.  The applicant’s 97 days of creditable service were not so meritorious as to outweigh the 82 days of lost time.

4.  The overall merits of the case, including the latest submissions and arguments are insufficient as a basis for the Board to reverse its previous decision.

5.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

___gdp__  __clg____  __cjp  ___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999028158	
SUFFIX		
RECON		
DATE BOARDED	19991229	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	19740802	
DISCHARGE AUTHORITY	AR635-200, cpt. 10	
DISCHARGE REASON	A70.00	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	A71.00	
2.	A93.09	
3.		
4.		
5.		
6.